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06/22/2016 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER June 22, 2016 Present: Chair Wayne Carothers, Vice Chair Michael J. Riordon, Board Member James E. Strickland, Board Member Duane Schultz, Board Member Sue A. Johnson, Board Member Joseph A. Nycz, Board Member Robert Prast Also Present: Andy Salzman —Attorney for the Board, Matt Smith —Assistant City Attorney, Nicole Sprague —Secretary to the Board, Patricia O. Sullivan — Board Reporter The Chair called the meeting to order at 1:30 p.m. at City Hall, followed by the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. The Chair outlined the procedures and stated any aggrieved party may appeal a final administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty days of the execution of the order. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. 2. APPROVAL OF MINUTES 2.1. Approve minutes of the May 25, 2016 Municipal Code Enforcement Board meeting as submitted in written summation. Member Johnson moved to approve minutes of the May 25, 2016 Municipal Code Enforcement Board meeting as submitted in written summation. The motion was duly seconded and carried unanimously. 3. CITIZENS TO BE HEARD RE ITEMS NOT ON THE AGENDA: None. 4. PUBLIC HEARINGS 4.1 Case 20-16 —Cont'd from March 23, April 27, & May 25, 2016 Ronald Balow 1117 Pierce St. Exterior Surfaces — Fletcher Case 20-16 was continued to July 27, 2016 4.2 Case 40-16 —Cont'd from May 25, 2016 John & Michele Homer 2377 Flint Lock Dr. Fences/Exterior Surfaces/Door &Window Openings —Stewart Property owner John Homer admitted to the violation. Code Enforcement 2016-06-22 1 Inspector Allie Stewart provided a PowerPoint presentation. Notices of violation were issued on February 25, March 17, and April 26, 2016, following the first inspection. The 3 violations at 2377 Flint Lock Drive related to fences, exterior surfaces, and door and window openings. Property photographs on February 25 and March 14, 2016 showed decorative bricks detaching from exterior surfaces, peeling paint and mildew on the entrance ceiling, mold and mildew on the fence, garage door, and exterior surfaces, and broken window ledges. Property photographs on May 12 and June 14, 2016 showed some repairs were made to the entrance ceiling, the garage door and fence were clean of mildew, a window ledge was repaired, decorative bricks were removed, and most exterior surfaces were painted except for some peeling paint and patching. Member Riordon moved to find the Respondent(s) in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Stewart recommended compliance re exterior surfaces by July 22, 2016 or a fine of $150 per day be imposed and requested a declaration of violation re fences and walls and window maintenance & doors and windows. Mr. Homer said he tried to comply but personal events caused delays; repairs would be completed within a month. Assistant City Attorney Matt Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation re exterior surfaces on or before July 22, 2016. If the Respondent does not comply within the time specified, the Board may order a fine of$150 per day for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on June 22, 2016, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 1 violation exists: exterior surfaces. It also is evident conditions related to fences and walls and window maintenance & doors and windows existed; however, it is further evident these conditions were corrected prior to this hearing. The Respondent(s) was/were present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation the City of Clearwater Code Section 3-1502.113, as referred to in the Affidavit in this case. Code Enforcement 2016-06-22 2 The Respondent(s) was/were in violation of City of Clearwater Code Section(s) 3-808.A.6, 3- 1502.C.1 & 3-1502.C.3 as referred to in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall repaint the entire house including the ceiling by the front door, new window ledges, and the area where decorative brick was removed to comply with said Section(s) of the Code by the deadline, July 22, 2016. The fine is $150 per day for each and every day the violation continues past the date set for compliance. It is the Order of this Board that no fine will be imposed against the Respondent(s) for the conditions related to fences and walls and window maintenance & doors and windows. If the Respondent(s) repeats/repeat these violations within five years, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the repeat violation continues. Upon complying with said Section of the Code, the Respondent(s) shall notify Inspector Allie Stewart, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 22nd day of June 2016, at Clearwater, Pinellas County, Florida. 4.3 Case 45-16 Clarence Roberts 1216 Bellevue Blvd. Development Code Violation — Knight Property owner Clarence Roberts denied the violation. Inspector Daniel Knight provided a PowerPoint presentation. A notice of violation was issued on April 26, 2016, following a complaint and the first inspection, when he spoke with the property owner regarding the Development Code violation at 1216 Bellevue Boulevard. Code Enforcement 2016-06-22 3 Property photographs on April 11 and 25, May 17 and 23, and June 17, 2016 showed the portable carport structure next to the garage plus a vehicle parked on the grass in front of it, inside of it, and in the driveway. A screenshot from Google Maps 2007 showed no portable carport structure on the property. Screenshots from Google Maps 2011 and 2015 showed a portable carport structure behind a fence next to the garage. A screenshot from Google Maps March 2016 showed the portable carport structure next to the garage. Inspector Knight said Mr. Roberts moved to the property last year. A permit for the carport structure was required no matter where it was located on the property. The only permit issued for the property was in 2000 for a fence. Mr. Roberts said he was handicapped and trying to make the house more convenient for his use. He said the City had cited him for 7 Code violations since he moved in last Thanksgiving. He said as he could not open his truck's doors when parked in the garage, he moved the gates and carport structure to a more suitable location. He said the inspector lied to him. It was stated the carport structure had to be permitted if Mr. Roberts wanted to keep it. Member Riordon moved to find the Respondent in violation of the City of Clearwater Code as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Knight recommended compliance by July 22, 2016 or a fine of$100 per day be imposed. It was recommended that Mr. Roberts stay in contact with staff. Mr. Roberts said he did not want to talk to Inspector Knight. Attorney Smith submitted composite exhibits. Member Riordon moved to enter an order requiring the Respondent to correct the violation on or before July 22, 2016. If the Respondent does not comply within the time specified, the Board may order a fine of$100 per day for each day the violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on June 22, 2016, after due notice to the Respondent, and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that 1 violation exists: Development Code Violation. The Respondent was present. CONCLUSIONS OF LAW The Respondent is in violation the City of Clearwater Code Section 1-104.113, as referred to in the Affidavit in this case. ORDER Code Enforcement 2016-06-22 4 It is the Order of the Board that the Respondent shall obtain a permit for the portable carport structure or remove the portable carport structure from the property and if the portable carport structure is unable to be permitted, it must be removed from the property to comply with said Section of the Code by the deadline, July 22, 2016. The fine is $150.00 per day for each and every day the violation continues past the date set for compliance. Upon complying with said Section of the Code, the Respondent shall notify Inspector Daniel Knight, who shall inspect the property and notify the Board of compliance. If the Respondent fails to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent, pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within 10 days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 22nd day of June 2016, at Clearwater, Pinellas County, Florida. 4.4 Case 46-16 —Cont'd to 7/27/16 Christine Riley & Stella Mazur 3319 San Bernadino St. Roof Maint./Ext. Surfaces/Door &Windows/Ext. Storage— Stewart Case 46-16 was continued to July 27, 2016. 4.5 Case 47-16 —Cont'd to 7/27/16 Cedar House LLC 302 Cedar St. Short Term Rental - Teunis Case 47-16 was continued to July 27, 2016. 5. UNFINISHED BUSINESS 5.1 Case 30-16 Affidavit of Non-Compliance Jorgo & Brunilda Borova 1574 Chateaux De Ville Ct. Abandoned Bldg./Fences/Exterior Surfaces/Door& Window Openings/Roof Maintenance —Cantrell Code Enforcement 2016-06-22 5 5.2 Case 31-16 Affidavit of Non-Compliance Schlau Properties Co. 1425 Sunset Point Rd. Parking Lot Surfaces — Knight 5.3 Case 02-16 Affidavit of Compliance Alice Shaffer 1785 Apache Trail Exterior Surfaces — Devol 5.4 Case 12-16 Affidavit of Compliance Vicki A. Hass &William M. Mitchell 3035 Oak Cove Dr. Fences &Walls - Phillips 5.5 Case 23-16 Affidavit of Compliance Rick Pluta 1596 S Prospect Ave. Exterior Storage/Grass Parking/Public Health, Safety or Welfare Nuisance/Lot Clearing — Alston 5.6 Case 27-16 Affidavit of Compliance George Nicovic 519 Phoenix Ave. Exterior Surfaces — Fletcher 5.7 Case 28-16 Affidavit of Compliance Danokaras, Vasilios & Dimitra Tre 16 S Highland Ave. Residential Grass Parking — Fletcher 5.8 Case 35-16 Affidavit of Compliance Countryside Medical Offices 2665 SR 580 Fences &Walls — Harris 5.9 Case 36-16 Affidavit of Compliance SR-580 Professional Office Centre Association Inc. 2655 SR 580 Common Area Fences &Walls — Harris 5.10 Case 43-16 Affidavit of Compliance J & IWLLC 1004 Pineview Ave. Short Term Rental — Phillips 5.11 Case 44-16 Affidavit of Compliance Amstin LLC 940 Eldorado Ave. Short Term Rental — Phillips Code Enforcement 2016-06-22 6 Member Schultz moved to accept the Affidavits of Compliance for Cases 02-16, 12-16, 23-16, 27-16, 28-16, 35-16, 36-16, 43-16, and 44-16 and to accept the Affidavits of Non-Compliance and issue the Orders imposing fines for Cases 30-16 and 31-16. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS 6.1 Case 59-15 Request for Lien Reduction SEDKIILLC 1990 Sunset Point Rd Signage—Weaver Attorney Brian Aungst, representing S E D K II LLC, said after the property's tenant disregarded conditions in the lease and installed illegal signage, the tenant gave the property owner the runaround for several months. He said the property owner worked diligently to get the violation fixed. He requested a reduction in the lien amount. In response to a concern that the property owner did not evict the tenant, Attorney Aungst said a vacant property would be subject to break-ins. Inspector Mary Jo Weaver said the property was in compliance; the property owner worked closely with staff to correct the violations. The City supported reduction of the $19,350 fine to administration costs of$1,894.75. Member Schultz moved to enter an order reducing the fine for Case 59-15 to administration costs of$1,894.75 payable within 30 days or the lien will revert to its original amount. The motion was duly seconded and carried unanimously. The Municipal Code Enforcement Board considered the request for reconsideration of a lien at a hearing held on June 22, 2016, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. After considering the request for reduction of the lien and considering that the property is now in compliance, it is evident that a reduction in the amount of the lien is appropriate in the above- referenced case. It is the Order of this Board that the lien previously imposed in the Order of the Board dated January 27, 2016, as recorded in O.R. Book 19183, Pages 2590 - 2591 of the public records of Pinellas County, Florida, is hereby reduced to administration costs of$1,894.75 payable to the Petitioner by July 22, 2016. If the reduced lien amount is not paid within the time specified in this Order, a lien in the original amount of$19,350.00 shall be recorded in the public records of Pinellas County, Florida. DONE AND ORDERED this 22nd day of June 2016, at Clearwater, Pinellas County, Florida. 6.2 Case 103-15 Request to Address Board re Lien Reduction William Clarida 911 Druid Rd. Parking Lot Surfaces —Alston Code Enforcement 2016-06-22 7 Secretary to the Board Nicole Sprague said on May 25, 2016, the Board reduced the lien for Case 103-15 to administration costs. Property owner William Clarida reiterated his May presentation to the board regarding the difficulties he had faced complying with Code and requested a further reduction of the lien amount. He said the Code Inspector had not advised him that his property was non conforming and could not have two driveways. Code Compliance Manager Terry Teunis said Code Inspectors only identified violations; zoning staff issued permits based on Zoning and Code requirements. Attorney for the Board Andy Salzman reviewed the Board's Rules & Regulations which prohibited the board from reducing liens to less than administration costs; City expenditures were itemized. Discussion ensued with comments that no evidence was presented that City staff had erred, the Board's hands were tied by its rules and the Board Attorney's opinion, the reduced amount was correct, and the Board was unable to reduce the lien further. It was suggested the board could extend the payment deadline. Mr. Clarida declined. No action was taken. 7. NUISANCE ABATEMENT LIEN FILINGS: JONES, HENRY EST 798 JURGENS ST PNU2016-00148 10-29-15-00000-230-0400 $452.00 ROBERT E SALYERS 1373 BYRON DR PNU2016-00452 22-29-15-11970-013-0180 $220.00 RANDY HANNAHS JANET HANNAHS 320 DAVID AVE PNU2016-00515 17-29-16-34650-000-0050 $220.00 JOHN G KROMSCHROEDER 212 ELIZABETH AVE PNU2016-00598 17-29-16-00000-130-1600 $220.00 ASHE, JAMES P EST 908 NORMANDY RD PNU2016-00616 13-29-15-22824-001-0130 $220.00 Code Enforcement 2016-06-22 8 ASHE, JAMES P EST 908 NORMANDY RD 13- 29 -15- 22824 - 001 -0130 PNU2016 -00619 $220.00 JEFFERY J HILLYER 1985 BECKETT LAKE DR PNU2016 -00650 01- 29 -15- 06115- 003 -0060 $352.32 MARCOS R ROJAS 812 WILLOWBRANCH AVE PNU2016 -00769 13- 29 -15- 22626- 000 -0120 $495.00 Member Schultz moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 8. ADJOURN The meeting adjourned at 2:16 p.m. Attest: Chair, M C.e Enforcement Board Secretary to the Board Code Enforcement 2016 -06 -22 9